CALIFORNIA CRIMINAL LAWYERS

Los Angeles Assault Weapons

Why You Need an Attorney to Fight an Assault Weapon Charge in Los Angeles

If you have been charged with possessing or illegally selling an assault weapon in Los Angeles, it is critical to hire an attorney who understands California’s gun laws and can utilize the optimal defense tactics for your case.

Understanding What Qualifies as an Assault Weapon

You might be wondering what exactly qualifies as an assault weapon in California, and why your firearm has been classified as such. According to state law, there are numerous specific criteria that determine a gun’s classification as an assault weapon, some of which differ from laws in other states.

For instance, you may have added a pistol grip to your detachable-magazine rifle from Arizona for a more comfortable grip, unaware that doing so makes it an assault weapon in California. There are also other specifics to keep in mind, such as the type of magazine release button needed for an AR-15 in California (which must be similar to a push-pin watch button instead of a raised button), and various modifications on semi-automatic rifles (including folding stocks) that are deemed assault weapons.

The Golden State has even banned several military rifles by name. While it may seem unfair that not knowing the state’s gun laws isn’t a legitimate defense in court, it’s important to understand how to prepare and defend yourself in a court of law.

Why an Assault Weapon Charge is Serious

If you are facing an assault weapon charge in California, your case is significant, whether you have prior convictions or not. In general, prior convictions are more likely to result in jail or prison time for this type of offense. However, simple cases of possession may still lead to jail time if a defendant has previous convictions.

For first-time offenders, it’s not uncommon for judges to be more merciful. In the -case scenario and if the charges cannot be dismissed, a deal for probation or community service may be proposed. However, if you intentionally intended to sell the assault weapon or were found driving around with it loaded, the penalty may be more severe. Keep in mind, though, that not every case is the same. If the police can’t prove that you were at fault, then your case could ideally be thrown out.

Why You Need a Skilled Attorney

Your primary objective is to avoid a felony conviction at all costs, as doing so may prevent you from possessing firearms again in the future, and harm your career or housing options with a criminal record.

At our law firm, our attorneys closely dissect cases looking for opportunities to obtain a dismissal. When a dismissal is not possible, we strive to negotiate a plea deal or have charges reduced, especially since the offense is a “wobbler” and can be classified as either a misdemeanor or a felony.

Regardless of the specifics of your case, our goal remains consistent: to fight for your rights, all while claiming your innocence, preserving your freedom, and guarding your future. Let’s connect today for a free consultation, to discuss your case confidentially and intensively.

Assault Weapon Criteria and Consequences: What You Need to Know

California is one of the most restrictive states in the country when it comes to firearms. Its definitions of assault weapons are frequently debated, and those caught possessing or selling these weapons can easily end up facing harsh charges. As such, it’s important to be aware of the specifications of Penal Code Section 12276.1.

Here’s what you need to know about assault weapons in California:

Criteria for Assault Weapons:

– A semiautomatic pistol with a detachable magazine and any of the following:

– A magazine outside of the pistol grip.

– A threaded barrel that can accept a silencer or flash suppressor.

– A barrel shroud that can partially or completely encircle the barrel (with the exception of a slide that encloses the barrel).

– A second handgrip or a protruding grip that can be used by the non-trigger hand.

– A manufactured weight that can be attached to the pistol, which would serve as a counterbalance.

– A semiautomatic rifle or semiautomatic shotgun that has any of the following:

– A folding or telescoping stock.

– A thumbhole stock.

– A second handgrip or a protruding grip that can be used by the non-trigger hand.

– A fixed magazine that can hold more than 10 rounds.

– An ability to accept a detachable magazine.

– Any shotgun that is able to hold a magazine, or a revolving cylinder.

– Any conversion kit or device used to transform a conventional firearm into an assault weapon.

Penalties for a Conviction Involving an Assault Weapon:

– A maximum prison sentence of eight years.

– A maximum fine of $10,000.

– Possibility of losing the right to own a firearm.

– Possibility of a permanent criminal record.

– Possible impact on future employment opportunities or ability to rent a home.

With such severe consequences in play, it is strongly recommended to seek out a reputable attorney who understands the nuances of California’s gun laws, and can help you navigate the legal system in court.